Stormwater Pollution Prevention SWPPP Form

Stormwater Pollution Prevention Plan (SWPPP) Agreement

This Stormwater Pollution Prevention Plan Agreement ("Agreement") is entered into as of by and between Owner: ("Owner") and Operator/Contractor: ("Operator"). The Owner and Operator are sometimes referred to individually as "Party" and collectively as "Parties."

RECITALS

WHEREAS, Owner is undertaking or authorizing construction or other land-disturbing activities at Project: located at Site Address: ; and

WHEREAS, applicable stormwater laws and permits require the development, implementation and maintenance of a Stormwater Pollution Prevention Plan (SWPPP) specifying Best Management Practices (BMPs), inspections, monitoring, recordkeeping, and corrective actions to minimize pollutant discharges to waters of the United States and to the local stormwater conveyance system; and

WHEREAS, Owner desires to engage Operator to prepare, implement, and maintain the SWPPP and to perform related services described herein.

NOW, THEREFORE

In consideration of the mutual covenants set forth below, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below: "SWPPP" means the Stormwater Pollution Prevention Plan prepared for the Site; "BMP" means Best Management Practice; "Permit" means any applicable stormwater permit authorizing discharges, including but not limited to a construction general permit or industrial stormwater permit; "Regulatory Authority" means any federal, state, or local agency with jurisdiction over stormwater requirements.

2. SCOPE OF SERVICES

Operator shall prepare, implement, and maintain a SWPPP for the Site, consistent with applicable permits and regulatory requirements. The SWPPP shall include site characterization, identification of pollutant sources, selection and implementation of BMPs, inspection and monitoring protocols, and a corrective action plan.

3. PERMITTING AND PRE-CONSTRUCTION INFORMATION

Permit Type(s) (check all that apply):  Construction General Permit Industrial Stormwater Permit Other (specify):

Permit/Authorization Number:   Project Start Date:   Estimated Completion Date:

4. INSPECTIONS, MONITORING AND REPORTING

Operator shall perform inspections at the frequency required by the Permit and whenever a storm event occurs that meets or exceeds the Permit threshold. Inspection frequency: . Operator shall complete inspection reports documenting observations, sample results if applicable, and corrective actions taken.

5. MAINTENANCE AND CORRECTIVE ACTION

Operator shall promptly repair or replace BMPs that fail, are damaged, or are otherwise inadequate. Corrective action shall commence within of discovery, and documentation of actions taken shall be retained with the SWPPP. If temporary measures are required pending permanent repairs, Operator shall implement interim controls to prevent discharges of pollutants.

6. RECORDKEEPING

Operator shall maintain records required by the Permit and this Agreement, including inspection reports, monitoring data, maintenance logs, training records, and any correspondence with Regulatory Authorities. Records shall be retained for a minimum of or as required by applicable law.

7. TRAINING

Operator shall provide training to personnel responsible for implementing the SWPPP. Training topics shall include BMP maintenance, pollution prevention practices, and site-specific procedures. Training records shall identify attendees, trainer, date, and curriculum.

8. ACCESS AND RIGHT OF ENTRY

Owner shall grant Operator, Regulatory Authorities, and Owner's authorized representatives reasonable access to the Site to perform inspections, monitoring, implementation, and maintenance of the SWPPP. Operator shall notify Owner in advance of non-emergency entry and shall comply with Site safety requirements.

9. LIABILITY, INDEMNIFICATION AND INSURANCE

To the fullest extent permitted by law, Operator shall indemnify, defend and hold harmless Owner, its officers, agents and employees from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting from Operator's negligent acts, omissions or willful misconduct in performing SWPPP services, except to the extent caused by Owner's negligence or willful misconduct.

10. DEFAULT AND TERMINATION

Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure the breach within after written notice. Termination shall not relieve the breaching Party of liability for breaches occurring prior to termination.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand delivery, certified mail, or nationally recognized overnight courier and shall be effective upon receipt.

12. AMENDMENTS AND WAIVER

This Agreement may be amended only by a written instrument executed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the Party granting the waiver.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state where the Site is located, without regard to conflict of law principles.

14. ENTIRE AGREEMENT

This Agreement, the attached SWPPP and any exhibits expressly incorporated herein constitute the entire agreement between the Parties with respect to the subject matter and supersede all prior and contemporaneous agreements and understandings, whether written or oral.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall be construed so as to carry out the Parties' intent to the greatest extent permitted by law.

16. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

17. CERTIFICATION

The undersigned certify under penalty of law that the SWPPP and any statements, reports, or records prepared pursuant to this Agreement are true, accurate, and complete to the best of their knowledge, information and belief; and that they are authorized to certify on behalf of the Party for which they sign.

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